Stephens’ Squibs – June 2017

David v. David, 42 Fla.L.Weekly D1441 (Fla. 1st DCA 2017). Trial court erred denying alimony in long term marriage without findings of fact and his imputation of income for Wife was not supported by record.

Newman v. Newman, 42 Fla.L.Weekly D1244 (Fla. 4th DCA 2017). Trial court erred not considering husband’s income from his “charter boat business”, especially when husband failed to disclose certain financial documents and violated discovery orders. Florida case law has long recognized self-employed spouses, in contrast to salaried employees, have the ability to control and regulate their incomes. When circumstances suggest that a self employed spouse has not accurately reported their income, the court may assign a higher income than that claimed by the spouse.

Burns v. Bockorick, 42 Fla.L.Weekly D1361 (Fla. 4th DCA 2017). Error to enter final judgment against staking when respondent agreed to no contact order but record does not support he agreed to injunction or that stalking ever occurred.

Faddis v. Luddy, 42 Fla.L.Weekly D1359 (Fla. 3rd DCA 2017). Respondent’s due process was not violated at domestic violence injunction hearing because of other acts of violence. Respondent did not object to evidence during hearing and petition referenced other acts of violence.

Leal v. Rodriguez, 42 Fla.L.Weekly D1320 (Fla. 3rd DCA 2017). Injunction against domestic violence affirmed. In this case, record supports objective person would have objective fear they would be victim of domestic violence based on respondent’s threats.

Soloman v. Soloman, 42 Fla.L.Weekly D1301 (Fla. 4th DCA 2017). Order denying relocation reversed. Relocating parent met initial burden and Judge based rebuttal of presumption on husband’s “promise to do better”. A court may not consider potential future or anticipated events as substitute for evidence. Best interests’ determinations should be made at time of final hearing.